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PLAN COMMISSION MINUTES
June 17, 2008
PRESENT: Ed Bowen, Meredith Scheuermann, Paul Esslinger, Kathleen Propp, Shirley Mattox, Jon
Dell’Antonia
EXCUSED: David Borsuk, Thomas Fojtik, Paul Lowry, Cathy Scherer
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau,
Associate Planner; Steve Gohde, Assistant Director of Public Works; Deborah Foland,
Recording Secretary
Chairperson Dell’Antonia called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of June 3, 2008 were approved as presented. (Propp/Scheuermann)
I.A. EXTRATERRITORIAL TWO LOT AGRICULTURAL LAND DIVISION/CERTIFIED
SURVEY MAP AT 4287 W. RIPPLE AVENUE IN THE TOWN OF NEKIMI
The applicant is requesting a two lot agricultural land division/certified survey map creating a five acre
parcel of land from a 40 acre base parcel to dispose of to the owner’s daughter and son-in-law who assist
in horse farm operations and would like to construct a dwelling on the property.
I.B. TWO LOT LAND DIVISION FOR PROPERTY LOCATED AT 3660 JACKSON
STREET (BERGSTROM AUTO)
The applicant is requesting a two lot land division of 8.590 acres of land currently contained within one
existing parcel to create separate parcels for two existing auto sales facilities enabling the owner to sell
the southern dealership on proposed Lot 2.
Ms. Scheuermann inquired about the amount of the outstanding sanitary sewer connection charge that
was to be paid as a condition on this request.
Mr. Nau responded that the outstanding charge was $936.00.
Ms. Scheuermann then questioned the process of deferred payments with the City and if an interest
charge is part of the agreement.
Mr. Burich responded that deferred payments are not handled by the Department of Community
Development and he would have to discuss the matter with the City Attorney’s office to determine how
these agreements are handled and if an interest charge is included. Planning Services staff has a
standard procedure of verifying the payment of property taxes and special assessments on any land
division prior to signing off on the documents.
Steve Gohde, Assistant Director of Public Works, stated that he was not personally aware of the accrual
of this deferred payment, but that the usual process is that a sewer and water assessment is determined at
Plan Commission Minutes 1 June 17, 2008
the time of hookup to the system. If the City installs sewer past a lot that is not developed, it is not
billed until the time of development.
Mr. Esslinger questioned who would have approved the deferred payment.
Mr. Nau responded that it would have been approved by the Director of Public Works.
Mr. Dell’Antonia commented that he did not believe an interest charge could be required to be paid on
this balance unless it was part of the initial deferred payment agreement.
Ms. Mattox inquired why the sidewalk easement included in the conditions was for four feet when
standard sidewalks in the city are five feet wide.
Mr. Gohde replied that the four foot easement is being requested to widen the terrace area along Jackson
Street.
Ms. Mattox then inquired about the drainage plans for the site and how it would work with the
landscaping area in between the lots.
Mr. Nau responded that the current drainage plan is for the water to sheet drain from Lot 1 to Lot 2 and
then enter the detention pond contained on Lot 2. The owner will have to submit a storm water drainage
plan to be approved by the Department of Public Works as a condition of approval for this request.
Dan Hoel, representing Martenson & Eisele, 1377 Midway Road, Menasha, petitioner for the request,
stated that they have addressed the drainage issue and presented a site plan to the commission and
explained how the water runoff would flow through a split in the landscaping area and continue to an
inlet located on Lot 2 and then drain into the detention pond. He further stated that the plan had been
reviewed by a professional engineer and that the landscaping area would be constructed appropriately
with curb and gutter for aesthetic purposes.
Motion by Scheuermann to approve the consent agenda as requested with the following
conditions to be applied to Item I.B.:
1.The owner shall provide evidence that the lighting for the display areas is independent and can
be controlled on-site. If modifications to the electrical utilities are required to make them
independent, appropriate building permits must be obtained prior to construction.
2.Storm water drainage from proposed Lot 2 must be revised with plans approved by the
Department of Public Works.
3.A four-foot sidewalk easement along the entire frontage of Jackson Street be granted to the city.
4.Outstanding sanitary sewer connection charge be paid in full prior to approving the CSM.
Seconded by Mattox. Motion carried 6-0.
IIA. CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF AN AUTOMOBILE
SERVICE STATION (KWIK TRIP) AT THE NORTHWEST CORNER OF JACKSON
STREET AND WEST LINWOOD AVENUE
The applicant is requesting a conditional use permit for the development of a Kwik Trip automobile
service and retail establishment, car wash and associated site improvements on a 2.18 acre area of land.
Plan Commission Minutes 2 June 17, 2008
Ms. Scheuermann commented that the staff report made reference to a lack of architectural detail on the
north and south sides of the structure and on the northern portion of the front façade and was wondering
why there was not a condition addressing this issue.
Mr. Buck replied that this was included in the staff report as a point of discussion only and that the lack
of architectural design could be to have available space for wall signage.
Ms. Mattox commented that she felt the architectural design was more important on the south elevation
as it was more visible than the north which would face the car wash.
Ms. Scheuermann then questioned what the hours of operation would be for the car wash as there was
not a condition restricting hours of operation as on the car wash request that was reviewed at the last
Plan Commission meeting.
Mr. Buck responded that this could be a concern however it was not identical to the request reviewed at
the last meeting since it was not located as close to residential properties. There is a substantial distance
between the car wash structure on the north end of the site and the adjacent apartments.
Mr. Burich added that the close proximity of residential uses is considered when restricting commercial
activities.
Mr. Dell’Antonia inquired if the bank would remain on the site.
Mr. Buck replied that the Choice Bank addition would continue to operate at this location.
Ms. Mattox questioned the number of parking stalls on the site plan seemed excessive for a gas station.
Mr. Buck responded that Kwik Trip businesses typically operate with a substantial amount of retail use
as well as the gas station functions so the parking stalls would not be excessive for their purposes.
Ms. Mattox commented that since this would be located near several schools, she felt that the site needed
to be pedestrian friendly from both Linwood Avenue and Jackson Street.
Mr. Buck stated that a condition was added that pedestrian connections are established from the retail
building to the public walk to address this issue.
Ms. Scheuermann questioned if the condition should state that pedestrian connections are established
from both Linwood Avenue and Jackson Street.
Mr. Buck responded that the commission could amend that condition to state that connections be
provided from both streets if desired.
Ms. Mattox asked if the restaurant on the site would be relocated.
Mr. Buck replied that it was doubtful.
Dale King, 668 Esker Court, Colgate, Wisconsin, owner of the apartment building at 520 West Linwood
Avenue, voiced his concerns with the 20 foot light poles to be installed on the site, the amount of noise
that would be generated from the car wash operation and where traffic would be routed to gain access to
the car wash.
Plan Commission Minutes 3 June 17, 2008
Mr. Buck pointed out on the site plan the accesses to the car wash structure.
Mr. King stated that he did not feel that vehicles should be allowed to access the car wash structure from
behind the building as he did not want the traffic going past his apartment building. He also inquired
where trucks would access the site for deliveries.
Mr. Buck responded that the truck staging/loading area was located on the north side of the building.
Mr. King commented that he liked the addition of the landscaping between this site and his apartment
building, but he did not want water draining off of the site onto his property. He also stated that he was
concerned with the hours of operation for the car wash as most of his tenants are elderly and would find
late night noise disturbing.
Ms. Mattox asked where Mr. King’s apartment building was located.
Mr. King replied that it was on Linwood Avenue adjacent to the south end of the proposed new
development.
Ms. Mattox commented that the car wash was located on the north end of the site and questioned what
the dimensions of the lot was.
Mr. Buck replied that the site was approximately 310 feet by 350 feet.
Mr. Dell’Antonia asked if Mr. King was opposed to this new development.
Mr. King replied that he was and further commented that controls needed to be placed on noise and light
levels.
Ms. Mattox stated that she would like more information on how the truck deliveries would be handled
for the business.
Hans Zietlow, representing Kwik Trip, 1626 Oak Street, LaCrosse, Wisconsin, stated that delivery
trucks would not be accessing the staging/loading area from behind the building as the turning radius
would not allow sufficient room for them to maneuver around the corner of the building. Cars would
also not be accessing the car wash structure from this area either for the same reason. In regard to the
pedestrian access to the building from the public walk, that connection would be best located on
Linwood Avenue. He did not feel that noise from the car wash operation should be an issue as it is
located on the north end of the site a substantial distance from any of the residential uses to the west and
the lights behind the building on the west side of the site are not that important and could be removed
from the site plan. All the other structures on the current site would be removed other than the Choice
Bank which would remain at its location.
Mr. Buck commented that when the site plan was reviewed, the only light trespass in excess of code was
on the north property lines.
Ms. Scheuermann inquired about the lack of architectural design on the front façade of the structure.
Mr. Zietlow responded that there were mechanical equipment and restrooms located in that area which
did not allow for the inclusion of windows in that location and that this building model actually has more
windows included in its design than the standard Kwik Trip building. He further stated that the
Plan Commission Minutes 4 June 17, 2008
company was investing $5,000,000 in the development of this site and that the landscaping between the
building and adjacent apartments was more beneficial than what was currently on the site.
Ms. Mattox inquired why they were relocating the business from its current site.
Mr. Zietlow replied that the current site was too small.
Ms. Mattox then inquired if they had found a buyer for the current site.
Mr. Zietlow responded not at this time.
Mr. Esslinger stated that he concurred with Mr. King in regard to the noise issue with car wash
operations and felt that in all fairness to the other car wash that was restricted in hours of operation, that
the same condition should be applied to this site as well.
Motion by Esslinger to add a condition that “Car wash hours of operation be limited to 7:00 am
to 10:00 pm.”
Seconded by Mattox. Motion carried 5-1. Ayes-Bowen/Esslinger/Propp/Mattox/Dell’Antonia.
Nays-Scheuermann.
Ms. Propp commented that she felt that the condition relating to the pedestrian connections was adequate
as is and agreed with Mr. Zietlow that the connection was best located to Linwood Avenue.
Motion by Scheuermann to approve the conditional use permit for the development of an
automobile service station at the northwest corner of Jackson Street and West Linwood Avenue
as requested with the following conditions:
1)Properties are divided/combined into a single parcel.
2)Cross access easements/agreements between the subject lot and future lot to the north are
provided.
3)Driveway sizes and design are adjusted to meet code standards.
4)Access control variance is received for driveway locations.
5)Pedestrian connections are established from the retail building to the public walk.
6)Car wash hours of operation be limited to 7:00 am to 10:00 pm.
Seconded by Bowen. Motion carried 6-0.
IIB. ACCESS CONTROL VARIANCE FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF JACKSON STREET AND WEST LINWOOD AVENUE
The petitioner is requesting one access control variance at the northwest corner of Jackson Street and
West Linwood Avenue to permit a driveway to Jackson Street closer to its intersection with West
Linwood Avenue than permitted.
Mr. Buck explained that the petitioner is proposing a driveway be located approximately 156 feet from
the intersection where 175 feet is required by code. The driveway’s location is necessitated for it to be
accessible to the fueling stations on site and to not create on-site circulation issues by positioning it too
close to the exit of the proposed car wash. Also, if it was located farther to the north, it would be
positioned too close to existing and future drives on the lot to the north. It is essentially only 19 feet, (or
one car length), shorter than the distance required by code and with the addition of a non-mountable
Plan Commission Minutes 5 June 17, 2008
median planned for this section of Jackson Street when reconstructed, it would become a right in-right
out driveway.
Motion by Esslinger to approve the access control variance for property located at the northwest
corner of Jackson Street and West Linwood Avenue as requested.
Seconded by Scheuermann.. Motion carried 6-0.
OTHER BUSINESS
There being no further business, the meeting adjourned at approximately 5:02 pm. (Mattox/
Scheuermann)
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes 6 June 17, 2008